Police are not perfect: Mistakes may impact DUI cases

On behalf of Law Offices of Christy M. Hall, LLC posted in blog on Friday, February 23, 2018.

The idea of potentially facing serious consequences due to having criminal charges brought against you may immediately send you into an anxious frenzy. Throughout your life, you may have always tried to walk the straight-and-narrow path, but of course, everyone makes mistakes, often when they do not realize it. If an officer believes you consumed too much alcohol before driving, you could end up facing allegations of DUI.

Many factors can play important parts in DUI situations. From your blood-alcohol level to police actions, even the smallest details could impact the outcomes of your case. Additionally, even if the DUI charges seem unexpected because you did not feel intoxicated, you still need to focus on defending against the allegations.

How police actions could work in your defense

As mentioned, police actions and behaviors could have an impact on your case. While you may think this is obvious because their actions led to your arrest, those same actions could also work in your defense. Police officers have policies and procedures they should follow when conducting a DUI stop and arrest. If they do not properly follow the steps, those misbehaviors could work to your benefit. Some of the most common mistakes that officers make during DUI stops include:

Not having a reasonable suspicion for making the traffic stop

Incorrectly administering field sobriety tests or breath tests

Acting inappropriately while at a sobriety checkpoint or while conducting field sobriety tests

Lacking probable cause for making a DUI arrest

When it comes to DUI stops, officers cannot simply pull you over because they think you may have been drinking. Reasonable suspicion means that law enforcement agents saw something that gave them reason to stop you, such weaving in and out of traffic, having a broken tail light, or speeding.

Inadmissible evidence

Officer mistakes may not be immediately clear, especially to you as someone who likely does not have extensive knowledge on how officers should behave. However, a close examination of the traffic stop, your arrest and the process of handling evidence after the arrest could all be important. If improper actions on the part of the arresting officer or other applicable parties did take place, certain evidence against you may become inadmissible, meaning it cannot be used against you in court.

If you have had a DUI charge brought against you, you may want to find out more information on using police errors as part of your defense and other defense strategies that may prove applicable to your situation.

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